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| Comm PDD to file compliance report by Jan 15 | | Suo Moto disclosure under RTI Act | | ET Report
Jammu, Jan 9 : The suo moto disclosure under section 4 (1) (b) of State Right to Information Act (JK RTI Act 2009) seems to be a distant dream in Jammu & Kashmir. Most of the public authorities continue to violate State RTI Act by not adhering to pro active or suo moto disclosure. The public authorities were supposed to make this disclosure within 120 days of the enactment of the J&K RTI Act 2009, but almost all the public authorities which includes administrative departments at Civil Secretariat have also failed to comply with the making suo moto disclosure. The State Information Commission (SIC) very recently cornered Civil Secretariat Power Development Department on the implementation of section 4 (1) (b) of RTI Act and the Chief Information Commissioner (CIC) G R Sufi directed the Commissioner Secretary PDD to send its compliance report to the Information Commission within 15 days. This is a second appeal filed by Tara Chand Sharma, a resident of the State before this Commission on 18.10.2013. The Registry of this Commission after receiving second appeal posted the hearing of the case and accordingly FAA and PIO were required to attend the hearing and submit their counter statement with regard to various grounds of appeal raised in the second appeal. Appellant Tara Chand Sharma also attended. Secretary Technical-cum-FAA could not attend the meeting because of the reasons of attending an official meeting in Srinagar.
An RTI application before PIO, Power Development Department, Civil Secretariat, Jammu was filed by one Tara Chand from Samba Jammu which was received by the PIO on 25.4.2013 . Tara Chand sought following information. The applicant had sought details about Technician III posts being referred by PDD to J&K Services Selection Recruitment Board (SSRB) and number of vacancies of such posts in Jammu division. The PIO had to pass an order within maximum stipulated period of time i.e 30 days. However, the PIO informed the SIC during its hearing on Dec 31st 2013 that as the information was not held by her, therefore, she transferred the said RTI application to Development Commissioner, Power J&K Srinagar. The appellant Tara Chand received a letter from PIO of the office of Chief Engineer, Maintenance and RE Wing Jammu stating that no posts of Technician III were referred to SSRB for advertisement and with regard to second limb of information, the information was stated to be nil. The appellant Tara Chand also filed first appeal before Commissioner/Secretary to Government Power Development Department, Civil Secretariat, Jammu on 5.6.2013 by fax requesting the First Appellate Authority (FAA) for directions to disclose the information.As per provisions of section 16 of the State RTI Act, FAA had to adjudicate the appeal within 30 days or further extendable time of 15 days after recording the reasons why adjudication could not be done within original limit of 30 days. Nothing has been brought on record by FAA to show that he discharged his duties which are legally assigned to him as a public authority.The PIO as well as the appellant has also confirmed that no order has been passed by the FAA . The Commission (SIC) was informed that Secretary Technical happens to be the First Appellate Authority (FAA) in the office of the Development Commissioner Power J&K.The SIC orders reads as : " The Commission would like to remind such authority that he is assigned the job of adjudicating the appeals and the failure to perform the public duty is cognizable under Ranbir Penal Code. It is expected that the senior officers of the government would give due regard to the provisions of law and ensure that the right to information given to the people of the state under the State RTI Act 2009 is implemented in letter and spirit". As per details available with Early Times the PIO PDD also didn't acted strictly in accordance with the provisions of sections 5 and 6 of State RTI Act . The PIO has not made any forwarding to the Development Commissioner, Power. There is some communication by an
unknown Under Secretary to Government, Power Development Department who has sent a forwarding letter to Development Commissioner, Power. Pertinently under the State RTI Act, it is the PIO who is responsible for passing orders or taking other actions like forwarding applications to concerned PIOs or seeking any assistance from any other officer. Therefore, the application of the appellant remained unattended so far. The SIC order further reads : " The intent and purpose of State RTI Act is to ensure transparency and accountability in the working of every public authority by disseminating and disclosing information held and obtained by them. The first ingredient of transparency and accountability is that the officers have to identify themselves while signing any order, letters, circulars, notings. Not only has RTI Act laid emphasis on such responsibility but even the State Government before enactment of the State RTI Act through its various circulars starting from 14.7.2004 and latest circular on 10.09.2013 had directed that they should duly write their names above their signatures in orders, circulars etc issued by them. It is noted with regret that inspite of State RTI Act being in operation since March 2009 and public authorities being made responsible for making a suo mote disclosure under Section 4 within 120 days, the public authority has failed to do it so till today. The Commission had also directed the public authority i.e Commr/Secretary to Government Power Development Department to make compliance vide Commission's decision in a case titled Shri Ghulam Mohammad v/s Superintending Engineer EM&RE Circle I Srinagar on 06.12.2013. The concerned public authority's attention is invited to the provisions of Ranbir Penal Code read with State RTI Act with regard to failure of a public authority to do a public act as assigned to him without any reasonable cause. The public authority is once again directed to send compliance report to this Commission within 15 days from the receipt of this order with regard to compliance made with section 4 of State RTI Act ". |
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